Younger

Introduction

In this case we address the constitutionality of various policies and practices followed by the California Department of Justice, its Bureau of Crimi nal Identification and various officials thereof, including the Attorney General (hereinafter collectively referred to as defendants), in disseminating state summary criminal history information (arrest records) to public employers and licensing entities. Plaintiffs brought two actions challenging a range of policies implemented by the defendants. The Alameda County Superior Court entered a judgment in these consolidated actions granting in part and denying in part plaintiffs’ requests for declaratory and injunctive relief.

Plaintiffs appeal those portions of the judgment holding lawful the dissemination policies and practices of defendants with respect to employers exempt from the requirements of Labor Code section 432.7 and refusing to require the department to provide fee waiver forms to local agencies. Defendants have cross-appealed from those portions of the judgment granting injunctive relief and declaring that various policies and practices of the defendants violated the right to privacy embodied in…